BILL NUMBER: AB 1218	CHAPTERED  09/27/99

	CHAPTER   482
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   AUGUST 30, 1999
	PASSED THE SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Member Keeley
   (Coauthors:  Assembly Members Bock, Correa, and Honda)
   (Coauthors:  Senators Dunn, McPherson, and Sher)

                        FEBRUARY 26, 1999

   An act to add and repeal Section 21810 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1218, Keeley.  Vehicles:  right-of-way:  yielding: transit
buses.
   (1) Existing law requires a driver to yield the right-of-way to an
approaching authorized emergency vehicle that is sounding a siren
and has at least one lighted lamp exhibiting red light.
   This bill would, in the Santa Cruz Metropolitan Transit District,
the Orange County Transportation Authority, the Alameda-Contra Costa
Transit District, and the Santa Clara County Transit District,
require the driver of a vehicle to yield the right-of-way to a
transit bus if (a) the bus has entirely exited an active traffic lane
to board or deboard passengers at a designated bus stop, and is
attempting to reenter the lane from which it exited, (b) directional
signals on the bus are flashing to indicate that the bus is preparing
to merge with traffic, and (c) the bus is equipped with a yield
right-of-way sign, as specified, on the left rear of the bus.  This
bill would require that the Commissioner of the California Highway
Patrol report on the effectiveness of the right-of-way with
recommendations, as prescribed, on or before December 31, 2002.  The
bill also would require an education program in the affected areas
and would establish a base fine of $35 for a violation, as specified.

   The provisions of the bill would be applicable to a district only
if the governing board of the district approves a resolution
requesting that those provisions be made applicable to it.
   Because a failure to yield as required would be an infraction, the
bill would impose a state-mandated local program by creating a new
crime.
   The requirements of the bill would terminate on January 1, 2003.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21810 is added to the Vehicle Code, to read:
   21810.  (a) The driver of a vehicle overtaking a transit bus shall
yield the right-of-way to the bus if all of the following conditions
are present:
   (1) The transit bus has entirely exited an active traffic lane to
board or deboard passengers at a designated bus stop, and is
attempting to reenter the lane from which it exited.
   (2) Directional signals on the transit bus are flashing to
indicate that the bus is preparing to merge with traffic.
   (3) The transit bus is equipped with a yield right-of-way sign on
the left rear of the bus.  The sign shall be both of the following:
   (A) Designed to warn a person operating a motor vehicle
approaching the rear of the bus that the person is required to yield
the right-of-way to the bus when the bus is entering traffic.
   (B) Illuminated by a flashing light when the bus is signaling in
preparation for entering a traffic lane after having stopped to
receive or discharge passengers.
   (b) Nothing in this section requires a transit agency to install
the yield right-of-way sign described in paragraph (3) of subdivision
(a).
   (c) This section does not relieve the driver of a transit bus from
the duty to drive the bus with due regard for the safety of all
persons and property.  Nothing in this section relieves the transit
agency from complying with the standard of care for its passengers
established by Section 2100 of the Civil Code.
   (d) The provisions of this section are applicable to the Santa
Cruz Metropolitan Transit District, the Orange  County Transportation
Authority, the Alameda-Contra Costa Transit District, and the Santa
Clara County Transit District, if the governing board of the district
approves a resolution, after a public hearing on the issue,
requesting that this section be made applicable to it, and transmits
a copy of the resolution to the commissioner.
   (e) (1) Notwithstanding Section 7055.5 of the Government Code, on
or before December 31, 2002, the commissioner, after consultation
with the participating transit agencies, participating law
enforcement, and the advisory committee established pursuant to
paragraph (3) of subdivision (a) of Section 34501 of the Vehicle
Code, shall report to the Legislature on the effectiveness of the
right-of-way for transit vehicles established by this section,
including, but not limited to, any impact on the highway and local
road safety and the efficiency of transit operations.  The report
shall recommend whether or not the right-of-way established by this
section should be made permanent on a local basis, and whether it
would be effective if implemented on a statewide basis.
   (2) The commissioner, in consultation with the participating
transit agencies, the California Transit Association, the advisory
committee, and the participating local law enforcement agencies,
shall identify the information required for preparation of the report
required under paragraph (1).  This information may include, but
need not be limited to, all of the following:
   (A) The total number of traffic collisions causing fatalities or
injuries, and the number causing only property damage.
   (B) Traffic congestion issues.
   (C) Public opinion issues.
   (D) Efficiency of transit operations.
   (E) The public education program required under subdivision (i).
   (3) The commissioner may develop a format and schedule for
reporting the information identified under paragraph (2), and the
local law enforcement agencies, transit agencies, and the California
Transit Association shall provide the commission with the information
by using that format and in compliance with that schedule.
   (f) Each transit agency participating in the program shall
undertake a public education program to inform motorists of the
requirements imposed by this section.
   (g) The base fine for a violation of subsection (a) is thirty-five
dollars ($35).
   (h) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
